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(영문) 인천지방법원 2020.01.10 2019고정1767

공유재산및물품관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been in charge of the duties of the president of the B-Gun Saemaul Women Association from January 2015 to February 2019.

No one shall use or benefit from any administrative property without following the procedures and methods prescribed by the Public Property and Commodity Management Act, and no person who has obtained permission to use or benefit from any administrative property from the head of a local government shall allow any third person to use or benefit from such administrative property.

B on January 23, 2017, the Military Service issued “E” and “requirements for Permission for Use and Profit-making of Public Property” to the Defendant, etc., the president of the Saemaul Women Association, who is the president of the Korea Saemaul Women Association, under Article 10 of the “Conditions for Permission for Use and Profit-making of Public Property” to the effect that the “E” located in the “D” located in the “B” in the Incheon District Saemaul Women Association, which read that “the employee himself/herself shall operate the place of business and may not sublease all or part of the operating rights to a third party without permission of the head of the Gun.

Nevertheless, around January 2017, the Defendant held a “B-Gun Saemaul Women’s Association’s Association of Korea” at the office of the Saemaul Women’s Association of Incheon, which is located in Incheon F, and decided to pay the Defendant initial expenses while managing and operating the “D E”, not to directly operate the “B-Gun Saemaul Women’s Association of Korea” in the office of the Saemaul Women’s Association of Incheon, but to pay the Defendant initial expenses, and if the remainder profits occur, only a certain portion of the funds were to be made from May 2017 to the Saemaul Women’s Association

Although the Defendant had to operate the above “E” at the Saemaul Women’s Association of the Republic of Korea, the Defendant directly operated the said “E” from January 2017 to February 2018, and instead did not follow the procedures, methods, etc. prescribed by the said Act, such as obtaining profits from the Defendant’s operation of the said “E.”

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement made to G, H, I, J, K, L, M, N, andO;

1. Each statement of N,O, and P;

1. The investigation report (general).

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